Crowe v. Marquette Transportation Company Gulf-Inland, LLC

Filing 90

ORDER and REASONS - Having carefully reviewed Defendant's "Motion for Review of Objections to Magistrate's Order and Reasons Denying Motion for Leave to File Counterclaim" (Rec. Doc. 58), IT IS ORDERED that the motion is GRANTED s uch that the Magistrate Judge's March 10, 2015 Order and Reasons (Rec. Doc. 54) is set aside. IT IS FURTHER ORDERED that Defendant's "Motion for Leave to File Counterclaim" (Rec. Doc. 35) is GRANTED, as stated within document. Signed by Judge Kurt D. Engelhardt on 5/8/2015. (NEF: MAG-5) (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BRANNON CROWE

CIVIL ACTION

VERSUS

NO. 14-1130

MARQUETTE TRANSPORTATION
COMPANY GULF-INLAND, LLC

SECTION "N" (5)

ORDER AND REASONS
Having carefully reviewed Defendant's "Motion for Review of Objections to
Magistrate's Order and Reasons Denying Motion for Leave to File Counterclaim" (Rec. Doc. 58),
IT IS ORDERED that the motion is GRANTED such that the Magistrate Judge's March 10, 2015
Order and Reasons (Rec. Doc. 54) is set aside.
Although certainly a close call, the Court finds Boudreaux v. Transocean Deepwater,
Inc., 721 F.3d 723 (5th Cir. 2013), cert. denied, 134 S. Ct. 1001 (2014), sufficiently distinguishable
to warrant allowing Defendant to assert its fraud counterclaim. Specifically, the plaintiff in
Boudreaux undisputedly suffered an injury during the course and scope of his employment. Here,
however, Defendant contends that Plaintiff never suffered an injury while at work. Rather,
Defendant maintains that Plaintiff's injury occurred off-duty while he was fishing. Additionally, the

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May 4, 2015 trial date has been continued until August 24, 2015, such that timeliness is not an issue.
See Rec. Doc. 80. Accordingly, IT IS FURTHER ORDERED that Defendant's "Motion for Leave
to File Counterclaim" (Rec. Doc. 35) is GRANTED.
New Orleans, Louisiana, this 8th day of May 2015.

___________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE
Clerk to Copy: Magistrate Judge North

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